Kafala System Research Articles

A Critical Evaluation of the ‘Reforms’ in the Kafala System: A Case Study of Qatar

The Kafala system (a Labour Sponsorship System), a legal framework for regulating foreign migrant workers through local recruitment agents/agencies, existed in several Arab Nations, including the GCC, Jordan, and Lebanon. A key component of the Kafala system was the hegemony of the middle-person/recruitment agent (Kafeel), whom the government authorised on the grounds of a steady workforce supply. Recently, the system has been severely under attack due to the unjust hegemony of the Kafeel and a violation of workers' human rights. Essentially, the structural snags are responsible for it, as the Ministry of Interior handled the migrants' labour affairs compared to the Labour Ministry, thus excluding migrant workers from various humanitarian domestic workers' laws, further providing space for exploitation to the Kafeel by monopolising the terms and conditions of the worker's recruitment. The Arab Uprising (2011) strengthened the voices of the ordinary people for the protection of individual rights; consequently, the political regimes were found serious about initiating policy steps to reform exploitative pillars of the Kafala system under people’s pressure. Accordingly, Qatar’s monarchy first took the initiative in 2016. Thereafter, Kuwait, UAE, Bahrain, Oman, and Saudi Arabia followed similar steps to an extent. It was assumed that the millions of migrant workers in the Gulf who support the economic growth of the ‘host’ and the ‘origin’ would benefit from these reforms. Recently, several incidences have been observed in Qatar that Kafeel still plays a dominating role in the workers' recruitment process, and the structure of exploitation continues as previously. This research paper aims to critically evaluate the reforms in the Kafala system in Qatar and the reasons for their continuation. The research hypothesis is ‘to tactically silence the people's voices and international criticism the monarchy has implemented titular reforms in the Kafala.’ Methodologically, the research relies on descriptive and analytical methods. However, this research paper will make a literary contribution to literature related to human rights and Gulf studies.

Kafala v. Human Rights Migrant Workers at the 2022 Qatar World Cup

The research analyzes violations of human rights against immigrant workers at the 2022 Qatar World Cup. After receiving the privilege of hosting the 2022 World Cup, Qatar was faced with the problem of migrant workers, which has become a concern of the world community. Migrant workers who build infrastructure face discriminatory and exploitative treatment, and hundreds of migrant workers are found working on infrastructure development for the 2022 World Cup, where workers are affected by human rights violations by the companies where they work. The problem is due to the existence of the Kafala system, which is considered to be the root cause of all aspects of the migrant workforce in infrastructure development in Qatar through 2022. The research method used is normative legal research with a case approach. The results of the study show that the sponsorship kafala system implemented by Qatar only facilitates the occurrence of modern slavery through the exploitation of the rights of migrant workers. Therefore, the research examines Qatar's actions on human rights violations and the International Labour Organization (ILO) accountability in efforts to influence policies related to migrant workers in Qatar.

Dynamics of Social Work Approach in Childcare; An Analysis of Integration of Islamic Kafala Theory and Bowlby’s Attachment Theory and Application Thereof in Childcare in Saudi Arabia

This paper explores the dynamic integration of Islamic Kafala theory and attachment theory within the context of childcare and welfare in Saudi Arabia. Despite the growing recognition of diverse cultural and theoretical frameworks in social work practice, there is very limited research on how specific theories are integrated and applied in childcare, particularly within Islamic contexts. This study aims to fill this gap by analyzing the application of these theories in enhancing child welfare and social work practices in Saudi Arabia. Utilizing a mixed-methods approach, the research draws on qualitative data from surveys of child welfare professionals and families engaged in the Kafala system, supplemented by case study analyses in various Muslim countries. The findings reveal that the integration of Islamic Kafala theory and attachment theory offers a culturally sensitive and effective framework for improving childcare practices, promoting the emotional and psychological well-being of children in care. The study highlights practical implications for social workers, suggesting strategies for the successful incorporation of these integrated theories into child welfare practices in Saudi Arabia. It also identifies challenges and limitations within the current system, offering recommendations for policymakers to enhance child welfare services. This research contributes to the theoretical and practical knowledge of childcare and welfare, advocating for a more nuanced and culturally informed approach to social work in Saudi Arabia.

Bound by Contract: Mapping Technologies of Migrant Control in the Kafala System

Bound by Contract: Mapping Technologies of Migrant Control in the Kafala System

Advancing the labour rights of migrant workers beyond Kafala: the impact of ‘established-outsider relations’ on reforming Qatar’s transnational labour management system

In the years following Qatar’s successful 2010 bid to host the FIFA World Cup 2022, there has been a significant shift in its engagement with the migrant labour rights discourse, and subsequent embarkment on significant reforms as the result of intense international scrutiny and advocacy action. The core feature of Qatar’s historically evolved transnational labour management system, Kafala, has become a key focal point of international advocacy efforts. The objective of this article is to assess the extent to which the reforms constitute a break in Qatar’s historical (that is, pre-FIFA 2022) labour management system, and thus a meaningful disruption to the social reproduction regime that allowed the Kafala system to persist. We do so by probing the institutionalisation of those reforms, with a particular focus on the agency of labour through collective worker empowerment. Drawing on interviews with key transnational actors involved in the reform process in situ, we employ the ‘established-outsider’ relations concept in our analysis of the reforms, while highlighting the remaining challenges. Our ultimate argument is that although the reforms in Qatar seek to provide more labour rights and protections, they fall short of loosening the absolute control of sponsors (kafeels) over their employees. This is due to two main reasons: the absence of strong and effective institutions to convert the legal reforms into rights in practice; and the fact that laws outside of the labour ministry, that fall under the jurisdiction of the interior ministry, are the foundation of the relationship between citizens and migrants and remain largely untouched. These double-edged limitations guarantee the social reproduction of the highly unequal labour mobility system by firmly keeping in place ‘established-outsider’ relations.

Правовое регулирование трудовой миграции: перспективы внедрения восточной модели

The concepts of regulating labour migration in Russia are retrospectively considered. A detailed description of the Kafala system underlying the regulation of labour migration in the countries of the Cooperation Council for the Arab States of the Persian Gulf is given. Promising principles of legal regulation of international labour migration in the Russian Federation are formulated. The conclusion is substantiated about the possibility of enshrining in national legislation and effectively using the policy, concept and individual elements of regulation of international labour migration in Arab countries.

Implementasi Reformasi Sistem Kafala terhadap Upaya Perlindungan Hak Asasi Manusia Buruh Migran di Qatar

During the construction of World Cup 2022 infrastructures in Qatar there assumed to be human rights violations against migrant workers. Around 1200 migrant workers died between the year of 2010-2014 because of forced labor, bad environment, withholding wages, limited access to proper health care, discriminatory and exploitative treatment. This paper aims to describe the failure Kafala system which argued to enable the exploitation or violation of human rights against migrant workers by using qualitative research methods. The results of this study show that Qatar as an actor who responsible to secure the human rights of migrant workers has not succeeded in making a proper policy as a solution to the human rights violations that have occurred and instead created new problems from its attempt to reform the policy. Second, the gulf countries do not want to abolish the Kafala system and require its implementation because migrant workers make a major contribution to the development of their countries. Third, FIFA failed to become a law enforcer for Qatar because in organizing mega sport events, FIFA and the host country should have respected applicable laws and international principles related to human rights, including the concept in the UNGPs namely protect, repair and respect.

The Political Economy of the Kafala Abolishment in Saudi Arabia

Saudi Arabia – an oil-rich rentier state, receives a large number of guest workers, and they were maintained under the controversial Kafala system. Recently, Saudi Arabia announced to abolish this system to come into effect in March 2021, but excluded domestic workers. Such observations show that there are political-economic incentives for the authority in abolishment apart from the humanitarian ground. Again, the current regime is willing to reduce its dependency on oil by diversifying its economy. Crown prince Mohammad Bin Salman announced massive reform plan – “Saudi Vision 2030” – to bolster FDIs and develop the public sector and service industries, where they need skilled labourers and experts to run their economy, where Kafala is not suitable. In this context, this paper would like to follow the political economy of migration policy as an analytical framework to provide a political-economic analysis of Kafala abolishment in Saudi Arabia by looking at the current transformation and Kafala abolishment.

Using a systems perspective to examine child protection systems and practice: A scoping review on child abandonment and institutionalisation in the Maghreb

Using a systems perspective to examine child protection systems and practice: A scoping review on child abandonment and institutionalisation in the Maghreb

The ugly side of construction: modern slavery in the 2022 FIFA World Cup program

Modern slavery is an illegal and unethical practice that is widespread across several sectors, including construction. This article investigates the mechanisms and motivations for employing modern slaves in construction projects and the role of “political will” in fighting it. To this end, using a cross-sectional single case study, the article examines the case of Qatar’s construction of the infrastructure for the 2022 FIFA World Cup—a large construction program in which modern slavery has been extensively documented. Our theoretical lens is the Fraud Triangle Theory (opportunity, pressure, and rationalization), which is rarely used in construction management but is useful for investigating illegal or unethical phenomena. The findings document the various factors contributing to modern slavery, including the kafala system, confiscated passports, debt bondage, contract substitution, salary abuse, program time constraints, cash flow shortage, and weak internal control systems. This article’s key novel theoretical contributions relate to identifying why modern slavery occurs in construction projects using the Fraud Triangle Theory and highlighting the importance of “political will” in fighting modern slavery worldwide.

Perlindungan Hak Asasi Manusia Pekerja Migran Di Qatar Terhadap Sistem Kafala Berdasarkan Konvensi International Labour Organization Nomor 143 Tahun 1975 Tentang Pekerja Migran

Introduction: Migrant workers have human rights that must be respected and protected.Purposes of the Research: This paper aims to find out and analyze the regulations on the protection of the human rights of migrant workers in terms of ILO Convention Number 143 of 1975 concerning migrant workers and to find out and analyze the kafala system in Qatar contrary to ILO Convention Number 143 of 1975 concerning migrant workers.Methods of the Research: The method used is a normative juridical research method using a case approach and a statutory approachResults of the Research: The results of the study show that the ILO Convention 143 of 1975 concerning Migrant Workers has guaranteed the respect and protection of the human rights of migrant workers, while the Kafala system is based on the Qatar Constitution which is based on Islamic sharia law where the legal relationship between the employer (insurer) and the worker (insured) must be mutually agreed upon. in the contract (agreement) in the principle of trust (sponsorship) imbued with the spirit of religiosity, but in practice its implementation has been misused by employers and companies for the benefit of their personal gain so that they are no longer trustworthy in carrying out their responsibilities as stipulated in the Kafalah system. The Kafala system needs to be reviewed and evaluated by the Government of Qatar so that in its application it is no longer misused. Meanwhile, the ILO needs to provide a firm response to the occurrence of human rights violations of migrant workers in Qatar so that they do not happen again in the future.

Nationality Law and Labor Migration: A Comparative Analysis of Legal Frameworks and Economic Outcomes in the United Arab Emirates and United Kingdom

This paper presents a comprehensive comparative analysis of the legal structures governing nationality laws and labour migration in the UAE and the UK, shedding light on their respective economic repercussions. In examining these legal systems, the study delves into the UAE’s distinctive kafala system, which tightly binds migrant workers to their sponsors, and holds it in contrast to the UK’s point-based immigration system based on rules and regulations. Despite these differences, both nations have witnessed tangible benefits from labour migration, including increased productivity, the creation of new jobs, and economic diversification. However, this study highlights the lack of discernible correlation between changes in GDP and alterations in immigration laws within the UAE and the UK. The implications of these findings are far-reaching, underscoring the imperative for effective legal frameworks to optimise the economic gains derived from labour migration. Policymakers stand to gain valuable insights for addressing wage disparities and promoting social integration through the knowledge derived from this research, enabling them to formulate policies that maximise the benefits of labour migration while minimising its drawbacks. To fully understand the long-term effects of labour migration on economic growth, it is crucial to examine the experiences of various migrant groups and the efficacy of various policies and interventions. Informed by these examinations, policymakers can then develop legal frameworks that facilitate labour migration and contribute to sustainable economic development in the UAE and the UK.

The Precarity of the Kafala System: South Asian Blue-Collar Workers in the GCC

The Precarity of the Kafala System: South Asian Blue-Collar Workers in the GCC

At Risk of Statelessness: Children Born in Lebanon to Migrant Domestic Workers

Lebanon has many migrant domestic workers, most of whom are women. While migrant domestic workers’ contracts prohibit pregnancy and childbearing, a substantial number of women give birth in Lebanon, and their children are at risk of statelessness. Through our examination of nationality laws and birth registration regulations, and their implementation in both Lebanon and migrants’ origin countries, this article offers an intersectional, gender analysis of conditions contributing to the risks of statelessness for such children. It seeks to contribute new insights into a seemingly intractable problem in Lebanon. Our investigation of laws and regulations is situated within a discussion of Lebanon's kafala system of migrant sponsorship that structures conditions under which migrant workers live. We triangulate our analysis by drawing on 13 semistructured interviews with key informants in Lebanon. We demonstrate that the risk of statelessness for children born to migrant domestic workers in Lebanon is enmeshed in a complex gendered and racialized conjunction of controls exercised over migrant domestic workers’ reproductive capacity, mobility, migration status, and right to pass on their nationality to their children. Based on this analysis, we identify potential strategies to secure citizenship for migrant domestic workers’ children at risk of statelessness. Our article makes analytical and empirical contributions to an emergent body of scholarship focusing on the growing phenomenon of childhood statelessness in “irregularized” migration contexts.

Migratory dependency and the death penalty: Foreign nationals facing capital punishment in the Gulf

This article focuses on the cases of 664 foreign nationals, the majority of whom are migrant workers, under sentence of death across the Gulf states (including Jordan and Lebanon) between 2016 and 2021. The features of these cases suggest that they are inextricably linked to migrant workers’ dependency under the kafala system, with examples of migrants duped into smuggling drugs across the border by their migrant broker, and once in country, accounts of violent altercations due to disputes about exit visas, and in the case of migrant domestic workers, self-defence against sexual violence. Engaging with the burgeoning literature on immigration, exploitation and criminalisation, as well as scholarship on capital punishment, this article will explore the multiple and unique layers of dependency fostered by the kafala system that place migrant workers at higher risk of the death penalty in these Gulf jurisdictions.

Peran Piala Dunia Fifa 2022 dalam Reformasi Sistem Kafala di Qatar

However, this system was criticized by international organizations because it was considered contrary to human rights, and asked Qatar to reform it. This study aims to discuss the role of the 2022 FIFA World Cup as a catalyst for the reform of the Kafala System in Qatar. This study uses a qualitative methodology through literature studies. The results of this study indicate that the 2022 FIFA World Cup has succeeded in encouraging reform of the Kafala system, both in terms of regulation and implementation. Positive responses were made by various international human rights and labor organizations, although some did not respond and even responded negatively, especially organizations that support LGBT.

Evaluation of the International Labor Organization project in Qatar

In April of 2018, the International Labor Organization (ILO) opened its first project office in Qatar to assist the government in reforming labor market policies to ensure compliance with international labor conventions and achieving fundamental principles and migrant worker rights. Using a policy transfer theoretical framework, this study examines the challenges, progress, and achievements of the ILO project in Qatar across five outcomes: minimum wages and wage security, labor inspection policy, occupational health and safety programs, Kafala (sponsorship) abolition, recruitment and working conditions, prevention, safeguarding, prosecution against forced labor; and promoting workers 'perspective, and access to justice. Data for this study consisted of governments and ILO administrative data and reports as well as evidence from literature review and government websites such as the Ministry of Labor, Qatar Statistics Authority, Gulf Cooperation Council (GCC) states, the ILO Arab States, International Organization for Migrations, and Regional United Nations agencies. Additionally, semi-structured interviews have been conducted with ILO Qatar experts on four progress reports 2018-2021 on labor market challenges, policies, and reforms in Qatar. The key accomplishments of the ILO and the government of Qatar include destroying the kafala system and creating a universal minimum wage for all workers. This signifies a shift toward more open, progressive migrant labor policies and an evolving acceptance of migrant rights and opportunities by the government and members of the mass culture.

Responses of UN Human Rights Bodies to Human Trafficking and Modern-Day Slavery in the Kingdom of Saudi Arabia

This article discusses international conventions related to human rights and human trafficking signed by the Kingdom of Saudi Arabian (KSA). In addition, the article examines KSA’s response to human trafficking and presents clear arguments concerning Saudi Arabia’s compliance to regional and international standards. The submitted reports by KSA and Non-Governmental Organisations (NGO) are analyzed by the relevant committees and various human rights bodies. The article further discusses the gap between the reports provided by the Saudi state and the real situation and its victims. The articles concludes that despite efforts made by the KSA to combat human trafficking, KSA remains non-compliant to international conventions related to human trafficking. Keywords: Kafala System; Human Trafficking; International Law; Islamic Sharia; Migrant Domestic Workers DOI: 10.7176/JLPG/131-05 Publication date: April 30 th 2023

KAFALA SYSTEM: EXPLORING INTERSECTIONALITYIN THE INTEGRATION OF MIGRANT WORKERS TO THE LABOR MARKET IN JORDAN

This research project will explore migrant workers’ experiences with the patronage-based kafala system in the Hashemite Kingdom of Jordan. While many research attempts have delved into disclosing the restricted and exploitative aspects of the varying experience of the migrant workers, there is still a dearth of attempts that explore the way the migrant workers flexibly and strategically employ their multiple and intersecting identities to seek upward professional and social mobility. Through the implementation of an intersectional and actor-centered approach, and the use of a qualitative design, this project seeks to explore the dynamic interaction between migrant actors and representatives of institutions in Jordan. By pursuing a qualitative and intersectional analysis of the migrant workers’ experiences with the kafala system, the project aims to contribute to a better understanding of the interplay of transborder mobility and institutional dynamics.

Using Islam to Protect the Rights of Migrant Workers: Bringing Kafala into Sharia Compliance in Saudi Arabia

Saudi Arabia is home to thousands of migrant domestic workers who cook, clean, and provide child-care in private homes. These individuals are not only subject to the kafala system, where their visa is strictly tied to their employer, but they are excluded from the protections accorded to other workers (both Saudi and non-Saudi) under Saudi Labor Law. Although Saudi Arabia has promulgated a set of regulations to govern the treatment of migrant domestic workers, these regulations guarantee only the most basic rights and are often not enforced. As a result, the mistreatment of migrant domestic workers in Saudi Arabia has become a topic of concern for both human rights organizations and the International Labour Organization. In this Comment, I provide a history of kafala in Saudi Arabia, an overview of the role of Islamic law (sharia) in Saudi governance, and an analysis of sharia-compliant labor protections to argue that Saudi Arabia can and should reform its laws around migrant domestic workers to protect their fundamental human rights. In doing so, Saudi Arabia would not only uphold its obligations under international human rights law, but would increase its compliance with sharia as well.